Tribal sovereignty in the United States in the context of "Territories of the United States"

⭐ In the context of Territories of the United States, how is the concept of self-governance distinguished between U.S. states, Native American tribes, and territories themselves?

Ad spacer

⭐ Core Definition: Tribal sovereignty in the United States

Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.

The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew regardless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Tribal sovereignty in the United States in the context of Territories of the United States

Territories of the United States are subnational geographical and political areas governed as administrative divisions and dependent territories under the sovereignty of the United States. Despite all being subject to the constitutional and territorial jurisdiction of the U.S. federal government, territories differ from states and Indian reservations in that they are not inherently sovereign. While states have dual sovereignty and Native American tribes have tribal sovereignty in relation to the federal government, the self-governing powers of territories ultimately derive from the U.S. Congress, as per the Territorial Clause in Article IV of the U.S. Constitution. Territories are classified as "organized" or "unorganized" depending on whether they operate under an organic act, and "incorporated" or "unincorporated" depending on whether the U.S. Constitution applies fully or partially to them. As areas belonging to, but not integral parts of, the U.S., territories are their own distinct nations centered around a collective identity based on their land, history, ethnicity, culture, and language.

All territories of the U.S. are insular areas. The U.S. has sovereignty over three archipelagos or islands in the Caribbean Sea and eleven in the Pacific Ocean. Five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands) are permanently inhabited, unincorporated territories; the other nine are small islands, atolls, and reefs with no native (or permanent) population. Of the 14, only one is classified as an incorporated territory (Palmyra Atoll). Two additional territories (Bajo Nuevo Bank and Serranilla Bank) are claimed by the U.S. but administered by Colombia. Historically, territories were created to administer newly acquired land, and most eventually attained statehood. The most recent territory to become a U.S. state was Hawaii on August 21, 1959.

↓ Explore More Topics
In this Dossier

Tribal sovereignty in the United States in the context of Tribe

The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide use of the term in English is in the discipline of anthropology. The definition is contested, in part due to conflicting theoretical understandings of social and kinship structures, and also reflecting the problematic application of this concept to extremely diverse human societies. Its concept is often contrasted by anthropologists with other social and kinship groups, being hierarchically larger than a lineage or clan, but smaller than a chiefdom, ethnicity, nation or state. These terms are similarly disputed. In some cases tribes have legal recognition and some degree of political autonomy from national or federal government, but this legalistic usage of the term may conflict with anthropological definitions.

In the United States (US), Native American tribes are legally considered to have "domestic dependent nation" status within the territorial United States, with a government-to-government relationship with the federal government.

↑ Return to Menu

Tribal sovereignty in the United States in the context of Indian reservation

An Indian reservation in the United States is an area of land held and governed by a Native American tribal nation officially recognized by the U.S. federal government. The reservation's government is autonomous but subject to regulations passed by the United States Congress, and is administered by the United States Bureau of Indian Affairs. It is not subject, however, to a state or local government of the U.S. state in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This intersection of private and public real estate creates significant administrative, political, and legal difficulties.

The total area of all reservations is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km), approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island. The largest reservation, the Navajo Nation Reservation, is similar in size to the state of West Virginia. Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty (Indian Land Grants) from the public domain.

↑ Return to Menu

Tribal sovereignty in the United States in the context of U.S. territories

Territories of the United States are subnational geographical and political areas governed as administrative divisions and dependent territories under the sovereignty of the United States. Although all are subject to the constitutional and territorial jurisdiction of the U.S. federal government, territories differ from states and Indian reservations in that they are not inherently sovereign. While states have dual sovereignty and Native American tribes have tribal sovereignty in relation to the federal government, the self-governing powers of territories ultimately derive from the U.S. Congress, as per the Territorial Clause in Article IV of the U.S. Constitution. Territories are classified as "organized" or "unorganized" depending on whether they operate under an organic act, and "incorporated" or "unincorporated" depending on whether the U.S. Constitution applies fully or partially to them. As areas belonging to, but not integral parts of, the U.S., territories are their own distinct nations centered around a collective identity based on their land, history, ethnicity, culture, and language.

All territories of the U.S. are insular areas. The U.S. has sovereignty over three archipelagos or islands in the Caribbean Sea and eleven in the Pacific Ocean. Five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands) are permanently inhabited, unincorporated territories; the other nine, known as the United States Minor Outlying Islands, are small islands, atolls, and reefs with no native (or permanent) population. Of the 14, only one is classified as an incorporated territory (Palmyra Atoll). Two additional territories (Bajo Nuevo Bank and Serranilla Bank) are claimed by the U.S. but administered by Colombia. Historically, territories were created to administer newly acquired land, and most eventually attained statehood. The most recent territory to become a U.S. state was Hawaii on August 21, 1959.

↑ Return to Menu

Tribal sovereignty in the United States in the context of Impeachment in the United States

In the United States, impeachment is the process by which a legislature may bring charges against an elected member of the executive branch or an appointed official for severe alleged misconduct, and may result in removal of the guilty from their position after a trial. In addition to Congress at the federal level, impeachment may occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government. Separate procedures are in place for elected members of the legislature to remove a peer for a comparable level of misconduct.

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.

↑ Return to Menu